BILL ANALYSIS
H.B. 3121
By: West, B. (Montford)
Jurisprudence
5-25-95
Senate Committee Report (Unamended)
BACKGROUND
Currently, the City of Odessa is must hold an election to establish
a municipal court of record. In addition, judges must be elected,
rather than appointed, to preside over this court. The city
charter provides that municipal court judges be appointed since the
cost of conducting a campaign would discourage many attorneys from
running for the position. Several other Texas cities have already
made these changes.
PURPOSE
As proposed, H.B. 3121 sets forth regulations for the Odessa
municipal courts of record, regarding jurisdiction, recording of
court proceedings, complaints against the court, jury trials, and
appeals against court decisions.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 30.352(a), Government Code, to delete a
reference to the City of Odessa's existing municipal court in a
provision authorizing the city to create municipal courts of record
by adoption of an ordinance.
SECTION 2. Amends Section 30.353, Government Code, as follows:
Sec. 30.353. JURISDICTION. (a) Created from existing text.
Provides that a municipal court of record has jurisdiction in
all criminal cases arising under the ordinances of the city,
rather than exclusive original jurisdiction in all criminal
cases other than traffic offenses and has the jurisdiction
granted to municipal courts by state law.
(b) Provides that the court has concurrent jurisdiction with
a justice of the peace in any precinct in which the city is
located in criminal cases within the justice court
jurisdiction that are within the city limits and are
punishable by fine only.
(c) Provides that the court has jurisdiction over cases
arising outside the city limits under certain ordinances.
(d) Provides that the court has jurisdiction over Class C
misdemeanor cases that are punishable by fine only.
SECTION 3. Amends Section 30.354(b), Government Code, to require
the governing body of the city to appoint a municipal court judge
and an alternate municipal court judge. Provides that a municipal
judge or alternate is appointed for a term of two years. Deletes
provisions requiring a municipal judge to be elected.
SECTION 4. Amends Section 30.355, Government Code, to delete a
provision requiring the governing body to determine the salary of
the judge two weeks prior to the deadline for filing for election.
SECTION 5. Amends Section 30.356(b), Government Code, to require
an alternate judge to meet the qualifications prescribed for the
municipal judge. Requires the governing body to set the
compensation of the alternate judges. Authorizes the municipal
judge to assign an alternate judge to act for a judge who is
temporarily unable to act for any reason. Makes conforming
changes.
SECTION 6. Amends Section 30.358(a), Government Code, to require
the city manager, rather than the governing body, to provide for
the appointment of a clerk of the municipal courts of record
(municipal clerk).
SECTION 7. Amends Section 30.359, Government Code, as follows:
Sec. 30.359. RECORDING OF PROCEEDINGS; COURT REPORTER. (a)
Requires the city by ordinance to provide for the appointment
of a court reporter to preserve a record in cases tried before
a municipal court of record. Requires the court reporter to
meet the qualifications provided by law for official court
reporters.
(b) Created from existing Subsection (a). Authorizes the
city to provide that proceedings in a municipal court of
record may be recorded by an electronic recording device
instead of providing a court reporter, in which case the
court reporter need not be present at trial. Makes
conforming changes. Deletes existing Subsection (b).
(c) Authorizes the city to provide for various methods to
record the court proceedings. Requires the court reporter to
keep the record for a certain 30-day period.
(d) Provides that no one is required to record testimony in
a case unless the judge or one of the parties requests a
record. Sets forth requirements for a party's request.
(e) Requires the court reporter to certify the official
record.
SECTION 8. Amends Chapter 30L, Government Code, by adding Sections
30.3601-30.3604, as follows:
Sec. 30.3601. PROSECUTION BY CITY ATTORNEY. Requires all
prosecutions in a municipal court of record to be conducted by
the city attorney or an assistant or deputy.
Sec. 30.3602. COMPLAINT; PLEADING. (a) Sets forth language
required to be included in a complaint filed with the
municipal court of record.
(b) Requires complaints to comply with Article 45.17, Code
of Criminal Procedure.
(c) Requires pleadings to be in writing and to be filed with
municipal court clerk.
Sec. 30.3603. JURY. (a) Entitles a person brought before a
municipal court of record and charged with an offense to be
tried by a jury, unless that right is waived.
(b) Requires a juror to have the required qualifications and
to be a resident of the city.
(c) Entitles a juror to receive the compensation for each
day and each fraction of a day in attendance on a municipal
court of record jury.
(d) Requires the clerk to establish a juror selection
process.
Sec. 30.3604. COURT RULES. (a) Provides that the Code of
Criminal Procedure governs the trial of cases before municipal
courts of record.
(b) Requires bonds to be payable to the state for the use
and benefit of the city. Prohibits the court from assessing
court costs other than certain authorized fees.
(c) Authorizes a peace officer to serve a process issued by
a municipal court of record.
(d) Provides that a conviction, judgment, and sentence are
in the name of the state, and the state recovers from the
defendant the fine and fees for the city.
(e) Requires all payments to be made to the clerk for
deposit in the city general fund.
SECTION 9. Amends Section 30.361, Government Code, as follows:
Sec. 30.361. APPELLATE COURTS. (a) Created from existing
Subsections (a) and (b). Provides that the state has the
right to an appeal and that for that appeal the prosecuting
attorney is the city attorney or an assistant or deputy.
Requires the Ector County courts at law to be initial courts
of review for appellate review of cases from a municipal court
of record and to hear all appeals, except that in cases in
which the county court does not have jurisdiction of an appeal
from a justice court the appeal shall be heard by the court
that has jurisdiction of an appeal from the justice court.
(b) Requires the appellate court to determine each appeal
from a municipal court of record conviction on the basis of
the errors from the proceedings leading to the conviction.
Prohibits an appeal from being by trial de novo. Deletes
existing Subsection (c).
SECTION 10. Amends Section 30.362, Government Code, as follows:
Sec. 30.362. New heading: APPEAL BOND. (a) Prohibits the
defendant from taking an appeal until the defendant files an
appeal bond with the municipal court of record. Requires the
bond to be approved by the court and be filed within a certain
time period.
(b) Requires the appeal bond to be in a certain amount, to
be payable to the state for the use and benefit of the city,
and to be conditioned on the defendant's immediate and
personal appearance in the court to which the appeal is
taken. Makes conforming changes.
SECTION 11. Amends Section 30.363, Government Code, as follows:
Sec. 30.363. PERFECTING APPEAL. (a) Requires the defendant
to file a motion for a new trial by the 10th day, rather than
the fifth, after the date on which the judgment and sentence
are rendered. Provides that the notice constitutes the
assignments of error on appeal. Provides that a ground or
error not set forth in the motion is waived. Provides that if
the court does not act on the motion within 30 days, rather
than 10, after it is filed with the clerk, the motion is
overruled by operation of law. Deletes a provision setting
forth requirements for the notice of appeal.
(b) Requires the defendant to give written notice of appeal
and pay the transcript preparation fee within 10 days after
the date on which the motion is overruled. Authorizes the
governing body to provide for a transcript preparation fee.
Requires the clerk to note the payment of the fee on the
docket of the court. Makes conforming changes.
(c) Requires the city attorney or an assistant or deputy to
prosecute all appeals from the municipal courts of record.
Makes conforming changes.
SECTION 12. Amends Section 30.364, Government Code, to require
the court reporter to prepare the record on appeal from the
reporter's record or mechanical recordings. Requires the defendant
to pay for the cost of the transcription.
SECTION 13. Amends Section 30.365, Government Code, as follows:
Sec. 30.365. New heading: TRANSCRIPT. (a) Requires the
municipal clerk to prepare a transcript of the proceedings
after payment of the transcript fee. Requires the clerk to
prepare the transcript under written instructions from the
defendant or the defendant's attorney. Sets forth
requirements for the transcript, unless the parties agree
otherwise in writing.
(b) Requires the defendant or the defendant's attorney to
file a copy of the instructions with the clerk and to
deliver a copy to the city attorney or an assistant or
deputy.
(c) Requires the city attorney or an assistant or deputy to
file a written direction to the clerk if additional portions
of the proceedings in the transcript are to be included,
rather than authorizing the clerk to include additional
portions if instructed to do so by either party.
SECTION 14. Amends Section 30.367(a), Government Code, to make
nonsubstantive changes.
SECTION 15. Amends Section 30.368, Government Code, as follows:
Sec. 30.368. New heading: TRANSFER OF RECORD; FEE. Requires
the parties to file the transcript and the statement of facts,
rather than the statement of facts and any matter to be
included in the transcript that is not in the clerk's custody.
with the municipal clerk within 60 days after the transcript
fee was paid, rather than after the notice of appeal is given
or filed. Requires the clerk to forward them to the appellate
court clerk. Deletes existing Subsections (b)-(d), setting
forth requirements for the filing of the record.
SECTION 16. Amends Section 30.369, Government Code, as follows:
Sec. 30.369. BRIEF ON APPEAL. (a) Redesignates existing
Subsection (b). Requires the appellant to file a brief on
appeal with the appellate court clerk by the 30th, rather than
the 15th day after the date on which the transcript and
statement of facts are filed with that clerk. Deletes
existing Subsection (a). Makes conforming and nonsubstantive
changes.
(b) Redesignates existing Subsection (c). Requires the
appellee, rather than the prosecuting attorney, to file the
appellee's brief with the appellate court clerk by the 30th,
rather than the 15th day after the date on which the
appellant's brief is filed.
(c) Requires the record and briefs on appeal to be limited
as far as possible to the questions relied on for reversal
to avoid unnecessary delay.
(d) Requires each party to deliver a copy of the brief to
the opposing party's attorney, rather than to the opposing
party or the opposing party's attorney. Deletes existing
Subsection (e) authorizing the court to extend the filing
time.
SECTION 17. Amends Section 30.370, Government Code, to delete
provisions prohibiting the court from affirming or reversing a case
based on technicalities and requiring the court to review all
grounds of error, including unassigned error.
SECTION 18. Amends Section 30.371(c), Government Code, to
require the court to deliver a written opinion or order sustaining
or overruling each assignment of error presented.
SECTION 19. Amends Section 30.372, Government Code, to provide
that if the municipal court of record's judgment is affirmed,
further action to enforce the judgement is not necessary except to
issue an execution against the defendant's property, among other
exceptions. Makes conforming and nonsubstantive changes.
SECTION 20. Amends Section 30.374, Government Code, to provide
that the transcript briefs, and statement of facts, rather than the
record and briefs, filed in the appellate court constitute the
transcript, briefs, and statement of facts on appeal to the court
of appeals and to delete a requirement that the record and briefs
be filed directly with the court of appeals in an appeal of a
decision of the appellate court to the court of appeals.
SECTION 21. Repealer: Sections 30.352(c) and 30.366, Government
Code (relating to creation of municipal courts of record in Odessa-Bills of Exception).
SECTION 22. Effective date: September 1, 1995.
SECTION 23. Emergency clause.